[Code of Federal Regulations]
[Title 24, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR582.320]

[Page 242]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 582_SHELTER PLUS CARE--Table of Contents
 
                     Subpart D_Program Requirements
 
Sec. 582.320  Termination of assistance to participants.

    (a) Termination of assistance. The recipient may terminate 
assistance to a participant who violates program requirements or 
conditions of occupancy. Recipients must exercise judgment and examine 
all extenuating circumstances in determining when violations are serious 
enough to warrant termination, so that a participant's assistance is 
terminated only in the most severe cases. Recipients are not prohibited 
from resuming assistance to a participant whose assistance has been 
terminated.
    (b) Due process. In terminating assistance to a participant, the 
recipient must provide a formal process that recognizes the rights of 
individuals receiving assistance to due process of law. This process, at 
a minimum, must consist of:
    (1) Written notice to the participant containing a clear statement 
of the reasons for termination;
    (2) A review of the decision, in which the participant is given the 
opportunity to present written or oral objections before a person other 
than the person (or a subordinate of that person) who made or approved 
the termination decision; and
    (3) Prompt written notice of the final decision to the participant.